Due Diligence

By: Personalised Business Coaching & Solutions  09-Jun-2011
Keywords: Due Diligence, Due Diligence Oh&S, Harmonisation Legislation,


Under the new Work Health and Safety Bill 2011 an Officer of Corporations and unincorporated bodies must exercise due diligence to ensure that the corporation meets its Work Health and Safety Obligations.

Who is an Officer?

A person who makes, or participates in making, decisions that affect the whole or a substantial part of a corporation.

In demonstrating Due Diligence, Officers will need to show that they have taken reasonable steps to:

  • acquire and update their knowledge of health and safety matters .
  • understand the operations being carried out by the person conducting the business or undertaking in which they are employed, and the hazards and risks associated with the operations
  • ensure that the person conducting the business or undertaking has, and uses, appropriate resources and processes to eliminate or minimise health and safety risks arising from work being done
  • ensure that the person conducting the business or undertaking has appropriate processes in place to receive and respond promptly to information regarding incidents, hazards and risks
  • ensure that the person conducting the business or undertaking has, and uses, processes for complying with duties or obligations under the WHS Bill.

Acquiring knowledge of health and safety issues

This can be met by:

  • acquiring up to date knowledge of the WHS Bill, regulations and codes of practice (Queensland legislation can be found on the WHSQ website at and model WHS legislation can be found on the Safe Work Australia website http://www.safeworkaustralia.gov.au)
  • investigating current industry issues through conferences, seminars, information and awareness sessions, industry groups, newsletters.
  • acquiring up to date knowledge of work health and safety management principlesand practices.
  • ensuring that work health and safety matters are considered at each corporation, club or association board meeting.

Understanding operations and associated hazards and risks

This can be met by:

  • developing a plan of the operation that identifies hazards in core activities
  • ensuring that information is readily available to other officers and workers about procedures to ensure the safety of specific operations that pose health and safety risks in the workplacecontinuously improving the safety management system.

Ensuring that appropriate resources and processes are used to eliminate or minimise risks to health and safety

This can be met by:

  • establishing/maintaining safe methods of work
  • implementing a safety management system
  • recruiting personnel with appropriate skills, including safety personnel
  • ensuring staffing levels are adequate for safety in operations
  • giving safety personnel access to decision makers for urgent issues
  • maintaining/upgrading infrastructure.


Implementing processes for receiving and responding to information about incidents, hazards and risks

This can be met by:

  • employing a risk management process
  • having efficient, timely reporting systems
  • empowering workers to cease unsafe work and request better resources
  • establishing processes for considering/ responding to information about incidents, hazards and risks in a timely fashion
  • measuring against positive performance indicators to identify deficiencies (for example, percentage of issues auctioned within agreed timeframe).


Establishing and maintaining compliance processes

This can be met by:

  • undertaking a legal compliance audit of policies, procedures and practices
  • testing policies, procedures and practices to verify compliance with safetymanagement planning.

Will you be Ready??

Keywords: Due Diligence, Due Diligence Oh&S, Harmonisation Legislation, Harmonisation of Ohs Laws, Harmonisation Oh&S, Oh&S Due Diligence, Oh&S Harmonisation,

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